Under the Occupation Health and Safety Act 1994, the contractors can be
classified as employees of the company. Eventhough they are contracted,
OSHA 1994 states that a person employed through immediate employer at the place of work of the industry or under the supervision of the principal employer or his agent on work can be intepreted as an employee. And therefore the OSHA 1994 is applicable in this case. According to the act, the employer owes a duty of care towards employees. From the case in hand, we can seee that safety briefings were held to inform the contractors on the health and safety procedures. However the contractor wasn't supplied with the necessary safety equipment required to carry out the job. This is a breach of section 15(2) of the Occupational Safety And Health Act 1994. The contract worker also has a duty of care towards safety according to the act. Under section 24 of the OSHA 1994, employees are expected to take reasonable care for the safety and health of hmself and of other people who may be affected by his acts or omissions at work. The case states that the contractors were briefed on safety prior to commencement of work. A reasonable person would agree that the contractor would be aware of the safety equipments that should have been used in the line of work. However section 24(1)(c) states that the safety equipment and clothing shall be provided by the empoyer. The employer has committed a tort in this case, and can be held liable for the injuries suffered by the contractor. Section 29 of the OSHA 1994 also states that a safety and health officer must be present at the workplace, with a duty to ensure that the safety procedures are observed at the workplace. The case doesn't state the presence of a safety and health officer. A reasonable person would expect the safety and health officer to have pointed out the absence of safety equipment while the job was being carried out.